All structures shall be sited so as to maximize the use of passive solar energy systems. The infringement upon required yard areas shall not be deemed to need a variance if such infringement is to maximize the use of passive solar energy systems.

(Ord. No. 79-8, § 6, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)

All property abutting and adjacent to any railroad right-of-way within the town which is presented to the town for subdivision, rezoning and/or development shall dedicate to the town a minimum right-of-way of 60 feet abutting and adjacent to the railroad right-of-way for the purposes of a public road; further, any plat approved for such purpose which does not contain said dedication of the 60-foot right-of-way shall be null and void.

(Ord. No. 79-8, § 6, 8-1-1979)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means a device, dish, or array used to transmit or receive telecommunications signals.

Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna.

Antenna facility means an antenna and associated antenna equipment.

Collocate means 1) mounting or installing an antenna facility on a preexisting structure, and/or 2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. "Collocation" has a corresponding meaning.

Communication tower, as used in this division, means a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes aboveground in a fixed location, freestanding, guyed or on a building.

Decorative pole means a town structure that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, lighting, specially designed informational or directional signage, or temporary holiday or special events attachments, have been placed or are permitted to be placed.

Height of a communication tower means the distance from the base of the tower to the top of the structure.

Historic District means a group of buildings, properties, or sites that are either: 1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register; or, 2) a registered or otherwise administratively recognized historic district as defined by the laws, and/or policies and/or procedures of the State of Louisiana and/or the Town of Addis.

Pole—with respect to smaller telecommunications infrastructure—means a type of structure in the rights-of-way that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for collocation of small wireless facilities; provided, such term does not include a tower, building or electric transmission structures.

Setback means the distance from the property line of any residential use to the tower of a wireless facility, if the adjacent property is residentially zoned.

Small wireless facility means a facility that is mounted on structures 50 feet or less in height, or are mounted on structures no more than ten percent taller than the average height of all structures within a 400 foot radius, and does not extend existing structures on which they are located to a height of more than 50 feet.

(1)

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and,

(2)

All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and,

(3)

The facilities do not require antenna structure registration under 47 CFR. Part 17;

(4)

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and,

(5)

The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

Structure means a combination of materials forming a walled and roofed (or non-walled or non-roofed) construction including, but not limited to buildings, stadiums, platforms, radio towers, sheds, storage bins and tanks, fences, freestanding signs, air conditioning compressors, satellite receiving stations, antennas, pole, tower, base station, or other building.

Telecommunications, as defined in the Federal Telecommunications Act of 1996, means the transmission, between or among points specified by the user, or information of the user's choosing, without change in the form or content of the information as sent or received.

Town structure, with respect to smaller telecommunications infrastructure, means a structure in the rights-of-way owned, managed or operated by the parish or any subdivision or instrumentality thereof.

Wireless facility includes the tower, antenna, relay equipment, perimeter fences and any other equipment or buildings necessary for the operation of wireless reception and transmission.

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, but that is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services, using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.

Wireless services provider means a person who provides wireless services.

Wireless transmission and relay equipment means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of telecommunications signals external to or attached to the exterior of any building or other structures.

(Ord. No. 79-8, § 12, 8-1-1979; Ord. No. 97-4, 11-5-1997; Ord. No. 2021-3, 4-7-2021)

(a)

Height and setback requirements. A communications tower and/or antenna may be permitted upon determination that all of the applicable conditions in this division are met. Wireless transmission and relay equipment located in or on existing structures are exempt from the following height and setback requirements, and shall be allowed in all zones in which the existing structures on which they are to be located are allowed:

(1)

Districts in which conditional uses are permitted or wireless transmission and relay equipment located in or on existing structures are permitted conditionally; height and setback limitations.

(2)

All sites, with exception of those sites placed on or in an existing structure that abuts residential property, shall have a minimum setback line from all residential lot lines of one times the height of the structure. Variance on this will be considered by the town.

(b)

Application requirements. The applicant for a building permit for construction of a communications tower or location on an existing structure must file an application with the town. This application must be accompanied by a fee to be set from time to time by the mayor and board of aldermen, and said application must be reviewed by the planning and zoning commission and approved by the board of aldermen of the town. The following documents must be included in all applications:

(1)

One copy of typical specifications for proposed structures and antenna, including description of design characteristics and material.

(2)

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property. A site plan is not required if the antenna is to be mounted on an approved existing structure. However, a survey from a licensed land surveyor or civil engineer indicating the distance from any existing residential land uses on adjacent property to the wireless facility is required.

(3)

A current map, or update of an existing map on file with the town, showing locations of the applicant's antenna, facilities, existing towers, and proposed towers serving any property within the town.

(4)

A certificate from a licensed structural engineer showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222, latest revision, standards. In the event that the antennae are to be located on an approved existing structure, there must be a certificate from a licensed structural engineer that the approved existing structure shall have the design and capacity to support all proposed antennae and facilities and to withstand winds in accordance with the above referenced standards.

(5)

Identification of the owners of all antenna and equipment to be located on the site.

(6)

Written authorization from the site owner for the application.

(7)

Evidence that a valid FCC license for the proposed activity has been issued.

(8)

A line-of-sight analysis from adjacent residential districts showing the potential visual and aesthetic impacts on those districts.

(9)

Certification by the applicant of the proposed activities in compliance with Federal Aviation Administration requirements as well.

(10)

A written agreement to remove the tower and/or antennae within 90 days after cessation of use.

(11)

Evidence that applicable conditions in section 113-156 are met.

(12)

Additional information as required to determine that all applicable zoning regulations are met.

(Ord. No. 79-8, § 13, 8-1-1979; Ord. No. 97-4, 11-5-1997)

The applicant must show that all applicable conditions are met.

(1)

The proposed communications tower, antennae or accessory structure will be placed in a reasonably available location which will minimize the visual impact on the surrounding area and allow the facility to function in accordance with minimum standards imposed by applicable communications regulations and applicant's technical design requirements.

(2)

Prior to consideration of a permit for location on private property, the applicant must show that available town-owned sites and available privately-owned sites occupied by a compatible use, are unsuitable for operation of a facility under the applicable communications regulations and the applicant's technical design requirements.

(3)

The applicant must show that the proposed wireless transmission and relay equipment and antennae cannot be accommodated and function as required by applicable regulations and the applicant's technical design requirement without unreasonable modifications on any existing structure or communication tower reasonably available to the applicant, within the area that the new site is to serve.

(4)

The applicant must show that all applicable health, nuisance, noise, fire, building and safety code requirements are met.

(5)

A permit for a proposed communications tower within 1,000 feet of an existing tower or permitted communications tower site shall not be issued unless that the applicant certifies that the existing tower does not meet the applicant's structural specifications and that applicant's technical design requirements, or that a collocation agreement cannot be obtained.

(6)

The applicant must show by a certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, and must file with the town clerk a written indemnification of the town and proof of liability insurance or financial ability to respond to claims up to $3,000,000.00 in the aggregate which may arise from operation of the facility during its life, at no cost to the municipality, in a form approved by the town's attorney.

(7)

Land development regulations, visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, sign, storage, and all other general zoning district regulations except setback and height, shall apply to the use. Setback and height conditions in this section shall apply.

(8)

A tower must be a minimum distance equal to the height of the tower from property designated historic or architecturally significant.

(9)

Existing on-site trees and shrubs shall be preserved to the maximum extent practicable.

(10)

The entire facility must be aesthetically and architecturally compatible with its environment. In no case will metal buildings be allowed for accessory buildings.

(11)

Walls or fences at least eight feet in height shall be used to secure the site and provide a barrier. Such walls or fences shall be used in combination with landscaping to provide security or to increase the buffer to other land uses.

(Ord. No. 79-8, § 14, 8-1-1979; Ord. No. 97-4, 11-5-1997)

The planning commission must post signs similar to rezoning signs on site at least 15 days prior to the public hearing and advertise in the newspaper as required in zoning cases.

(Ord. No. 79-8, § 15, 8-1-1979; Ord. No. 97-4, 11-5-1997)

In the event the use of any communications tower has been discontinued for a period of 90 consecutive days, the tower shall be deemed abandoned. Determination of the date of abandonment shall be made by the town, who shall have the right to request documentation and/or affidavits from the communications tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 90 days within which to reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or dismantle and remove the tower and associated facilities to grade, including site clean-up restoration or remediation. At the earlier of 91 days from the date of abandonment without reactivation or upon completion of dismantling and removal, all permits issued for the communications towers and wireless facilities shall expire, and a penalty in the amount of $250.00 a day shall be imposed upon the record owner of the tower until the date of removal.

(Ord. No. 79-8, § 16, 8-1-1979; Ord. No. 97-4, 11-5-1997)

State Law reference— Penalty for ordinance violations, R.S. 33:362(A)(2)(b).

If additional tower height is requested, total tower height will not exceed 150 percent of the maximum height permitted in the district as a conditional use. The applicant must demonstrate the additional height above that permitted by conditional use regulations is necessary for service to occupants of an area within the municipality.

(Ord. No. 79-8, § 17, 8-1-1979; Ord. No. 97-4, 11-5-1997)

Additional conditions may be established by the board of aldermen as deemed necessary to remove danger to health and safety and to protect adjacent property.

(Ord. No. 79-8, § 18, 8-1-1979; Ord. No. 97-4, 11-5-1997)

The Telecommunications Act of 1996 requires that a denial of a permit be supported by substantial evidence.

(Ord. No. 79-8, § 19, 8-1-1979; Ord. No. 97-4, 11-5-1997)

The regulations of these sections dealing with home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried out in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.

(Ord. No. 79-8, § 20, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

Except as otherwise expressly provided or limited in these sections, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation by the provisions of this section shall be reviewed by the town planning and zoning commission and approved by the mayor and board of aldermen. The town shall have the right to inspect the home occupation and determine if the occupation is adhering to the requirements thereof.

(Ord. No. 79-8, § 21, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

A home occupation is a business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.

(Ord. No. 79-8, § 22, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

In addition to all of the use limitations applicable in the zoning district in which it is located, no home occupation shall be permitted unless proper application is made to the town and it complies with the following restrictions:

(1)

Home occupations shall be conducted entirely within the principal structure or an accessory structure associated with the residential use.

(2)

No more than 25 percent or 400 square feet of the floor area of the dwelling unit and/or accessory structure, whichever is less, shall be the maximum area for home occupation use.

(3)

No alteration of the principal structure shall be made which changes the character and appearance thereof as a residential dwelling.

(4)

There shall be no substantial retailing or wholesaling of stocks, supplies or products conducted on the premises of a home occupation; however, delivery of retail products to the consumer off the premises, such as in the course of a mail order business, shall be permitted.

(5)

The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted accessory structure thereto, and in no event shall such use be apparent from any public way.

(6)

There shall be no outdoor storage of equipment or materials used in the home occupation.

(7)

Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and parked on the premises.

(8)

No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare, fumes, odors, or other nuisance outside the residential or accessory structure shall be used. This subparagraph in no way amends, revises or limits Addis Code of Ordinances, chapter 8—Criminal Code, section 8-10. Noise, and to that extent this subparagraph shall be enforced in conjunction with said chapter 8, section 8-10.

(9)

No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

(10)

No sign, other than one unlighted sign not over three square feet in area attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation.

(11)

Home occupations shall not be transferable to alternate locations or persons, but in the case of death of the person holding the home occupation permit, the home occupation permit may be transferred to the family member living at the address of the home occupation, but he must re-apply for a home occupation permit.

(12)

Only one home occupation shall be permitted per residence unless more than one home occupation can be operated using no more than 25 percent or 400 square feet of the floor area of the dwelling unit and/or accessory structure, whichever is less.

(13)

Home occupations shall only conduct business between the hours of 8:00 a.m. and 9:00 p.m.

(14)

Home occupations shall be conducted by the resident of the parcel, and if the applicant/resident requesting the home occupation permit is not the property owner, then the resident must obtain written approval from the property owner.

(15)

A drawing of the area with dimensions to be used for the home occupation must be submitted with the application for home occupation including the dimensions of the dwelling unit and/or accessory structure.

(16)

After a home occupation permit has been granted, if the holder of the permit wishes to make any change in the conduct of business that departs from the description in the application or from any other conditions or restrictions imposed by the town planning and zoning commission and approved by the mayor and board of aldermen, the holder of the permit must obtain prior permission of the mayor and board of aldermen on the basis of a new application.

(17)

All home occupation permits shall be valid for a period of one year and shall be renewed by the permittee each year.

(18)

Shall register as a business with the director of finance of the Parish of West Baton Rouge and shall pay applicable business and occupation taxes.

(19)

The town shall have the right to reasonably inspect the premises upon which the home occupation is conducted to ensure the compliance with the foregoing standards and conditions, and to investigate complaints, if any, from neighbors.

(20)

The use shall not generate any waste not in compliance with normal residential waste disposal restrictions adopted by the town.

(21)

Any home occupation which is legally permitted prior to the adoption of the ordinance from which this division is derived shall not be required to conform to the criteria of this division. Prior legal home occupations shall be subject to renewal every year and shall not expand or alter the uses as stated in the original permit agreement.

(22)

No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.

(Ord. No. 79-8, § 23, 8-1-1979; Ord. No. 2005-7, 10-5-2005; Ord. No. 2021-8, 9-1-2021; Ord. No. 2023-10, 2-7-2024)

Except as provided in section 113-197, customary home occupations include all occupations which meet the purposes, standards and requirements of sections 113-191 through 113-194 and, in particular, include, but are not necessarily limited to, the following list of examples:

(1)

Providing instruction to not more than two students at a time, except for occasional groups.

(2)

Day care of not more than six nonresident children.

(3)

Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions.

(4)

Office facilities for ministers, priests, rabbis and other clergy.

(5)

Office facilities for salesmen, sales representatives and manufacturers' representatives when no retail or wholesale sales are made or transacted on the premises.

(6)

Studio of an artist, photographer, craftsman, writer, composer or similar person.

(7)

Shop of a beautician, barber, hair stylist, dressmaker, tailor or similar person.

(8)

Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his disability.

(9)

The letting for hire by a resident owner of rooming units for residential use for a total of not more than two persons.

(10)

The owning and renting of two or more rental properties.

(11)

Direct sale product distribution (Amway, Avon, Tupperware, Mary Kay Cosmetics, etc.).

(Ord. No. 79-8, § 24, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

Permitted home occupations shall not, in any event, be deemed to include:

(1)

Nursing homes.

(2)

Funeral homes, mortuaries and embalming establishments.

(3)

Restaurants.

(4)

Stables, kennels or veterinary hospitals.

(5)

Tourist homes or the letting of more than two rooming units.

(6)

Clinics, hospitals or the general practice of medicine or dentistry.

(7)

Clubs, including fraternities and sororities.

(8)

Retail or wholesale businesses of any kind involving transactions on the premises.

(9)

Fish or poultry sales.

(Ord. No. 79-8, § 25, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

A fee, as established by the mayor and board of aldermen by resolution, shall be due upon approval of new applications, and, in the case of renewals, upon submission of the application. Each home occupation shall be renewed annually.

(Ord. No. 79-8, § 26, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

(a)

Persons may file a written complaint with the administration of the town. Upon receipt of such a complaint, the town shall investigate the home occupation to determine if any provisions of this chapter or conditions of approval are being violated by the home occupation.

(b)

A home occupation permit may be revoked or modified by the town if any of the following circumstances are found to be true:

(1)

The use has become detrimental to the public health, safety, or welfare or constitutes a nuisance;

(2)

The permit was obtained by misrepresentation or fraud;

(3)

The use for which the home occupation permit was granted has changed, and a different home occupation is occurring;

(4)

The condition of the premises has deteriorated because of the home occupation;

(5)

The use is in any violation of any statute, ordinance, or regulation.

(c)

Whenever an apparent violation of this section is observed, a written notice shall be served certified mail from the town notifying the applicant of the intent to revoke the home occupation permit. Such notice may include:

(1)

Findings in support of revocation;

(2)

A statement of the action required to bring the home occupation into compliance;

(3)

A statement advising that if any required actions are not brought into compliance within the time specified, the home occupation permit will be revoked;

(4)

A statement advising that any person having legal interest in the home occupation involved may file a written request for a hearing before the mayor and board of aldermen at the mayor and board of aldermen's next scheduled meeting within ten days after receipt of notice. Should a request for a hearing not be made within ten days, then the home occupation shall cease operations without further action by the town.

(Ord. No. 79-8, § 27, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

Each and every violation shall be punishable according to the jurisdiction of the mayor's court pursuant to section 1-8.

(Ord. No. 79-8, § 28, 8-1-1979; Ord. No. 2005-7, 10-5-2005)

* Including living area, patios and porches, yards, common open space and parking; a minimum of two parking spaces per dwelling unit.

** Including lots, common open space, yards and buffer area adequately landscaped, walkways, parking, access drives, and at least 200 square feet per dwelling unit of recreation space.

*** Minimum of eight feet and no less than one-half the distance of the height of the exterior wall.

(Ord. No. 79-8, table, 8-1-1979; Ord. No. 86-2, 5-7-1986)

(a)

The purpose of these sign regulations is to provide uniform sign standards which promote a positive town image reflecting order, harmony, and pride and which prevent signs from becoming public nuisances. Objectives to be pursued in applying these standards are as follows:

(1)

To protect the residential nature of certain neighborhoods while identifying individual business, industrial, or public uses in other areas without creating confusion, unsightliness, or visual obscurity of adjacent businesses.

(2)

To place signs in a fashion that will not obstruct the flow of traffic or cause a public safety hazard of any sort.

(3)

To ensure that off-premises advertising is compatible with adjacent land uses and does not obscure views of adjacent on-premises signs.

(4)

To ensure that all signs, in terms of size, scale, height, and location, are properly related to the overall adjacent land use character and lot size.

(b)

All signs, where applicable, will meet the standards of the town.

(c)

No sign, sign structure, or sign support shall project onto any property line, unless permission is obtained from the property owners involved.

(Code 1979, § 15.5-1; Ord. No. 89-2, 8-2-1989)

The following signs are prohibited and no person shall erect or maintain such signs:

(1)

Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with traffic-control signs or signals, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign, signal or device.

(2)

Any sign which emits sound, odor or visible matter which serves as a distraction to persons within the public right-of-way, and, as such, could be a public safety hazard.

(3)

Signs placed or erected at any intersection, road right-of-way, or in any manner so as to obstruct clear and free vision with respect to view of traffic or to other signs already in place.

(4)

Billboards, whether on- or off-premises, except in the C-2 commercial district and in industrial districts.

(5)

Illuminated signs in residential districts and flashing signs in residential districts.

(6)

Unsafe signs.

(7)

No person shall park an advertising vehicle or trailer on public right-of-way or in such a manner as to interrupt traffic flow.

(8)

Billboards on top of one another (piggyback).

(Code 1979, § 15.5-2; Ord. No. 89-2, 8-2-1989)

(a)

All unsafe signs shall be removed or repaired within ten days from receiving notice from the town that such sign is a safety hazard.

(b)

All abandoned signs and their supports shall be removed within 90 days of abandonment or within 90 days from receiving notice from the town. This shall include political campaign signs.

(c)

All damaged signs shall be removed or repaired within 30 days of receiving notice from the town, unless extension is granted for just cause.

(d)

The town may notify the property owner allowing a sign on his property or the owner of the sign, if known, for enforcing the above.

(e)

If no remedial action is taken by the responsible parties in the time frame stated above, the town may have the signs removed at the expense of the responsible and/or noncomplying party involved.

(Code 1979, § 15.5-3; Ord. No. 89-2, 8-2-1989)

(a)

There will be no signs in the residential districts, except for the following:

(1)

No sign, other than one unlighted sign not over three square feet in area, attached flat against the dwelling and displaying only the occupants name and occupation, shall advertise the presence or conduct of the home occupation.

(2)

Public signs relating to traffic, safety and regulating matters.

(3)

Signs accessory to a permissible commercial establishment, provided that these signs are not flashing.

(4)

Temporary signs no more than 16 square feet in area relating to the lease or sale of a premises, garage sale, or election. There shall be no more than two such signs per lot.

(5)

Churches, public and semipublic buildings, hospitals and institutions may have bulletin boards not more than 16 square feet in area in a front yard. These boards or signs may not be flashing, but may be illuminated if light is focused directly on the board or if the board is dimly lit.

(b)

The illumination of a sign within 80 feet of and facing a residential zone lot line shall be diffused or indirect and designed to prevent light shining into residential windows; and in no event shall flashing or intermittent illumination be permitted where the sign faces directly into and nearer than 300 feet to dwellings in a residential district.

(c)

There shall be no flashing signs in a residential district.

(Code 1979, § 15.5-4; Ord. No. 89-2, 8-2-1989; Ord. No. 2005-6, 10-5-2005)

(a)

Billboards shall be considered any structure or portion thereof upon which are outdoor advertising signs which advertise, promote, or disseminate information not related to the goods, products, or services comprising a primary use on the premises on which the sign is located, being either:

(1)

Poster panels or bulletins normally mounted on a building wall or freestanding structure with advertising copy in the form of pasted paper;

(2)

Multi-prism signs, same as above, and alternately advertising messages on one display area; or

(3)

Painted bulletins, where the advertiser's message is painted directly on the background of a mounted or freestanding display area.

(b)

Billboards will be allowed only in commercial and industrial districts if at least 80 feet from any residentially zoned property line (measure from the end point of billboard closest to residential zone) and if complying with the standards set out below.

(c)

The maximum area (one side face) of any billboard in the town shall be 300 square feet and shall have a maximum height of 45 feet. The minimum size shall be 70 square feet.

(d)

All lighting of billboards shall be so shielded as not to produce intensive or excessive light or glare on adjacent property. Light shall be directed only onto the face of the billboard, and no flashing lights will be permitted.

(e)

Billboards shall be kept in good repair and shall be built in accordance with the regulations of the town.

(f)

Billboards shall have a minimum setback equaling the setback of structures on lots contiguous to the lot upon which the billboard is located. When contiguous lots are not developed, the minimum setback for billboards shall be 20 feet from the street right-of-way line. Greater setbacks shall be honored if billboards face onto interstate or state highways on which the state has their own requirements.

(g)

No two billboards shall be spaced less than 500 feet apart on any one side of a street in a permitted district. State regulations shall apply to interstate and controlled access roads.

(Code 1979, § 15.5-5; Ord. No. 89-2, 8-2-1989)

(a)

The following signs and/or advertising items shall become nonconforming on the effective date of the ordinance from which this division is derived and shall be brought into compliance within six months of the effective date of the ordinance from which this division is derived:

(1)

Signs which, by reason of their size, location, movement or coloring, may be confused with traffic-control signs or signals, or the light of any emergency or road equipment vehicle, or which hide from view any traffic or street sign.

(2)

Signs placed on intersections or roadway rights-of-way which interfere with the smooth flow of traffic or cause an obstruction to the view of traffic.

(3)

Flashing signs in residential districts.

(4)

Unsafe or abandoned signs.

(b)

When any legal nonconforming sign is changed in relationship to a business changing or use of property changing, any new signs erected must be in compliance with this division and will not be allowed to continue as a nonconforming sign. Abandoned signs shall be removed.

(c)

Temporary signs on public rights-of-way or public property advertising yard sales, campaigns, elections, etc., shall be removed within 30 days after such sale, election, or campaign is over. Persons wanting to place any such sign on public rights-of-way shall first receive permission from the town clerk, at which time a record shall be kept of the person requesting permission to place such signs, and the approximate location of the sign.

(d)

If these temporary signs are not removed within 30 days as stated in subsection (c) of this section, the town will remove the signs at the expense of the owner whose name and address has been recorded.

(e)

Special temporary signs, such as banners crossing public rights-of-way, shall receive permission from the mayor and board of aldermen before placing such banner.

(Code 1979, § 15.5-6; Ord. No. 89-2, 8-2-1989)